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It is increasingly common for families and friends to place tributes on the highway in memory of loved ones who have died in road collisions. The County Council recognises and respects the wish of the bereaved to mark road deaths in this way but has a duty to keep the public highways safe. The County Council therefore has to balance the wishes of the bereaved with public safety. Preventing the distraction of motorists and the safety of those placing or maintaining tributes are the overriding safety issues in the consideration of road side tributes.

The Highways Act 1980 has no express provision to licence or permit tributes on the highway.  However, County Council officers will endeavour to deal with all situations such as this in a sympathetic, understanding and sensitive way and appropriate staff will liaise with the police and those who wish to place tributes on the highway.

Low key tributes such as the discrete placing of a small floral tribute  for limited durations at the roadside may be acceptable provided there is no significant risk of driver distraction or undue risk to the individual visiting the location. Any items should be placed clear of any locations where highway maintenance is likely to be undertaken, e.g. grass cutting. They must not be placed anywhere that is hazardous to access, such as carriageway central reservations and busy roundabout central islands. The floral tributes may be removed by County Council officers after a reasonable time has elapsed.

RoadPeace has promoted the placing of small signs saying ‘remember me’ to mark road accident fatalities. The signs have no official sanction with the Department For Transport (DfT) and there is no current legislation or guidance for the County Council to approve the placing of these on street furniture. They are therefore unauthorised and further advice is awaited from the Department for Transport.